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New Visitor
Posts: 1
Registered: ‎04-30-2008
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Dispute letter

Hi this is my first time here on this forum. But my question is that I sent 3 CA dispute letters and it has been over 30 days since they recieve the letters. Here is a little background
 
1. I dispute debt from three Collection Agency. Cavalry Portfolio, Midland Credit Mgmt and Zenith Acquisition
2. I sent all letters certified mail with a reciept signature
3. I dispute them online at the different credit agencies and the came back verified
4. I sent a followup letter to the collection agency after 30 days stating that they have not responded, so  I consider this matter closed and requested an immediate deletion letter.
 
Now I do not understand how they would come back verified, if I have not heard back from the collection agencies
 
So I would like to know what kind of letter I can send the credit agencies, and should I also send the letters I sent to the collection agencies and the mail reciepts? Also what actions I should take if the collection agencies do not send me the deletion letters?
Moderator Emeritus
Posts: 32,869
Registered: ‎08-04-2007
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Re: Dispute letter

Welcome to these forums!
 
CAs, according to the FDCPA, have an unlimited time to validate a DV letter. However, during that period, they cannot call you or contact you to collect.
 
You could try to send a 15-day letter which is referenced in these forums. It is below but, legally, they don't have to respond. However, this letter is menacing enough that they might just delete. Worth a shot.
 

Dear Sir/Madam:
I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.
You recieved a request for validation from me on 9/18/07. You have not responded to that request in any way, and since that time you have updated information on my Experian credit report on 10/10/07 and on my Equifax report TWICE on 10/15/07.  Each of these updates constitutes a violation of FDCPA.
While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.
I look forward to an uneventful resolution of this matter.
I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:
  • Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
  • Agreement that bears the signature of the alleged debtor wherein they agreed to pay the original creditor.
  • Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
  • Intimate knowledge of the creation of the debt by you, the collection agency.
As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation. You have 5 days from the receipt of this letter to remove this account from any and all reporting agencies, or a complaint to the FTC will be immediately filed for each and every violation from 9/18/07 until this issue is resolved. It is common knowledge that your company often violates these laws and I have no doubt that if I choose to litigate that you will be held liable for your actions. It is my hope that you will comply with the law in order to avoid the hassle.
Thank You,
TYPE NAME
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